BILL ANALYSIS
Senate Research Center
S.B. 382
By: Gallegos
Intergovernmental Relations
2/28/2001
As Filed
DIGEST AND PURPOSE
This bill has been filed in response to a task force report on fire safety completed after a tragic
incident in Fort Worth, Texas, in which several fire fighters lost their lives. As proposed, S.B.
382 sets in place various safety standards that comply with the safety standards set by the
National Fire Protection Association (NFPA).
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer,
institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 419.021, Government Code, to define “aircraft rescue and fire
protection personnel” rather than “aircraft fire fighting and rescue fire protection personnel.”
Redefines “fire protection personnel.” Redefines “protective clothing.” Defines “structure fire
protection personnel.”
SECTION 2. Amends Section 419.040, Government Code, to require a fire department to
purchase, provide, and maintain a complete ensemble of appropriate protective clothing for each
of its fire protection personnel who would be exposed to hazardous conditions from fire or other
emergencies or where the potential for such exposure exists. Deletes language requiring a local
government agency providing fire protection to provide and maintain protective clothing for fire
protection personnel or providing allowances to such personnel to cover the purchase and
maintenance of protective clothing.
(b) Requires protective clothing to be suitable for the task that the individual is
expected to perform and to comply with the minimum standards of the National
Fire Protection Association (NFPA) or its successor. Makes a conforming change
by deleting language regarding standards applicable to an item of clothing when
the agency contracts for the item and continuing or discontinuing the use of
clothing in use or contracted for before a change in a standard.
(c) Requires the fire department to develop and maintain a standard operating
procedure covering the proper use, selection, care, and maintenance of all its
protective clothing.
SECTION 3. Amends Section 419.041, Government Code, as follows: (a) Makes conforming
changes regarding self-contained breathing apparatus.
(b) Makes a conforming change regarding self-contained breathing apparatus.
Deletes language requiring the agency, at least once in each 30 day period, to test
each self contained breathing apparatus used in the agency according to the
testing procedures included in a nationally recognized standard approved by the
Texas Commission on Fire Protection (commission) for self-contained breathing
apparatus.
SRC-SEW S.B. 382 77(R)
(c) Makes a conforming change regarding self-contained breathing apparatus.
Makes a conforming change by deleting language regarding the testing of samples
of compressed air used to refill self contained breathing apparatus used by fire
protection personnel. Deletes language regarding the inclusion of testing of the
percentages of certain components in the compressed breathing air.
(d) Requires a fire department to require that each self-contained breathing
apparatus used by the department be inspected at least monthly in a manner that
complies with the minimum standards of NFPA or its successor.
(e) Requires a department to require that each self-contained breathing apparatus
used by the department be tested annually for overall condition and proper
functioning. Makes a conforming change.
(f) Requires a fire department that uses self-contained breathing apparatus to
have
samples of the breathing air used to refill the cylinders of the self-contained
breathing apparatus tested at least every six months by a competent testing
laboratory that has equipment designed to test compressed breathing air. Makes a
conforming change regarding the quality of the compressed breathing air and the
laboratory conducting the tests.
SECTION 4. Amends 419.042, Government Code, to make conforming changes regarding
personal alert safety systems. Deletes language requiring the commission to enforce Sections
419.040 and 419.041, Government Code, and authorizing the commission to adopt minimum
standards consistent with those sections for protective clothing and self contained breathing
apparatus for fire protection personnel.
SECTION 5. Amends Chapter 419B, Government Code, by adding Section 419.043, as follows:
Sec. 419.043. APPLICABLE NATIONAL FIRE PROTECTION ASSOCIATION
STANDARD. Provides that the NFPA standard applicable to protective clothing, selfcontained breathing apparatus, or personal alert safety systems is the standard in effect
when the agency contracts to purchase the item. Authorizes an agency to continue to use
an item that was in use or contracted for before a change in a standard unless the
commission determines that the continued use constitutes an undue risk to the wearer, in
which case the commission is required to order the use be discontinued and set an
appropriate date for compliance with the revised standard.
SECTION 6. Amends Chapter 419B, Government Code, by adding Section 419.044, as follows:
Sec. 419.044. INCIDENT MANAGEMENT SYSTEM. Requires a fire department to
develop and maintain an incident management system that includes a written standard
operating procedure for the management of emergency incidents. Requires the system to
require that operations be conducted in a manner that recognizes hazards and prevents
accidents and injuries. Requires a fire department to require that all fire protection
personnel be trained in and to use the incident management system. Requires the system
to also be applied to all drills, exercises, and other situations that involve hazards similar
to those encountered at actual emergency incidents. Makes a conforming change.
SECTION 7. Amends Chapter 419B, Government Code, by adding Section 419.045, as follows:
Sec. 419.045. PERSONNEL ACCOUNTABILITY SYSTEM. Makes conforming
changes regarding a standard operating procedure for personnel accountability. Requires
the system to provide a rapid accounting of all personnel at an emergency incident.
Requires the fire department, if the NAPA standard applicable to personnel
accountability systems is revised, to comply with the new standard within one year from
the effective date of the new standard.
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SECTION 8. Amends Chapter 419B, Government Code, by adding Section 419.046, as
follows:
Sec. 419.046. FIRE PROTECTION PERSONNEL OPERATING AT EMERGENCY
INCIDENTS. Makes conforming changes regarding a standard operating procedure
covering fire protection personnel operating at emergency incidents. Requires that the
procedure specify an adequate number of personnel to safely conduct emergency scene
operations. Requires the procedure to limit operations to those that can be safely
performed by the personnel available at the scene.
SECTION 9. Amends Chapter 419B, Government Code, by adding Section 419.047 as follows:
Sec. 419.047. COMMISSION ENFORCEMENT. Requires the commission to enforce
Sections 419.040, 419.041, 419.042, 419.043, 419.044, 419.045, 419.046, and 419.047.
Authorizes the commission to adopt minimum standards consistent with those sections
for protective clothing, self-contained breathing apparatus, personal alert safety systems,
incident management systems, personnel accountability systems, fire protection
personnel operating at emergency incidents and applicable NFPA standards for fire
protection personnel.
SECTION 10. Effective date: September 1, 2001.
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